Over the years, McCathern’s team of attorneys have successfully resolved Director and Officer (D&O) liability claims for both defendants and plaintiffs, involving Fortune 50 publicly-traded companies, private companies, mid-cap corporations, non-profits, limited liability companies and limited liability partnerships. These claims often have involved complicated insurance coverage issues, D&O insurance contracts and Errors & Omissions (E&O) policies, including conduct exclusions for fraud by officers and directors or alleged personal gain, insured-vs-insured exclusions, Insurance Code defenses, violations, pending and prior litigation exclusions, and other exclusions and exceptions.
The attorneys at McCathern have extensive practical knowledge of how claims against directors and officers are litigated and resolved based on their substantial experience and knowledge of this field of law. Our lawyers are well known by both the leading shareholder litigation firms and D&O insurers, and our proven record in such cases can benefit our clients in court proceedings, settlement negotiations, and enforcement matters.
We represent professional liability insurers in high-stakes, complex claims. While most of the claims we handle arise from directors and officers liability policies, insurers that underwrite D&O insurance typically also underwrite E&O insurance for financial institutions and financial services firms, as well as for other business professionals, including investment banks, investment advisors, accounting firms, and large law firms. For this reason, we regularly handle large E&O claims involving the same kinds of underlying litigation and governmental investigation claims activity that involve D&O policies.